The genuineness evaluation will not apply to all Tier 2 visa applications but will target those cases where the Home Office has doubts about a vacancy. The Home Office has not yet announced factors considered to determine if the genuineness assessment is necessary.
Tier 2 visa applications can now be denied where there are reasonable grounds to believe that:
- The job does not genuinely exist;
- The job has been exaggerated to meet the skills threshold;
- The applicant is not qualified to do the job; or
- The job has been tailored to exclude UK workers.
Tier 2 visas are open to skilled workers from outside the European Economic Area and Switzerland who have a UK sponsoring employer.
Ban on Hours and Salary Reductions
UK companies may no longer reduce sponsored employees’ hours or lower their salary below £20,500 for the purposes of decreasing operating costs and reducing layoffs. The provision allowing such reductions was introduced in 2009 in response to the economic downturn.
What This Means for Employers and Foreign Nationals
Employers sponsoring Tier 2 visa applications in the UK may face an additional genuineness review and potential delays in processing times as the new assessment is incorporated into visa application processing.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Explore more at Fragomen
Video
In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
Media mentions
Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.
Video
Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.
Media mentions
Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.
Blog post
Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.
Media mentions
Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.
Media mentions
Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.
Video
In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.
Media mentions
Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.
Media mentions
UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.
Podcast
Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.
Awards
Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.
Media mentions
Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.
Media mentions
Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.
Video
Rick Lamanna, Jake Paul Minster and Lunga Mani discuss Africa’s path to the 2026 World Cup.
Media mentions
Partner Louise Haycock notes that the UK’s new fast-track residency route for high earners could affect how businesses plan for immigration costs.
Blog post
Senior Manager Zaur Gasimov outlines Georgia’s stricter residence-permit requirements and enhanced monitoring measures introduced under the country’s 2025 immigration reforms.
Media mentions
Senior Manager Jonathan Hill explains why more UK universities are on UKVI student visa action plans and how extended timeframes help them address compliance issues.
Media mentions
Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.